Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7668 of 2018 Applicant :- Pooja Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Shukla Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 255 of 2017 under Sections 302, 506 and 34 I.P.C., P.S. Khajni, District Gorakhpur.
As per F.I.R., the prosecution case is that on 24.06.2016, the accused along with three other accused had murdered the son of the first informant, Ram Nayan Nishad and thereafter hanged him in their house from a 'kundi'.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; present applicant is a married lady who lives in her matrimonial home and even since prior to this occurrence, she was staying in her matrimonial home; she was not at all involved in this case; in the statement of first informant, Udai Raj, it has been sated that she had come to her parents' home from her 'sasural' two days prior to the occurrence which proves that she is a married lady; the accused has no criminal history; the accused applicant is in jail since 26.06.2017; if released on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail and states that the Pooja had illicit relationship with Ram Nayan (deceased) because of that he has been killed.
Looking to the fact that the accused is alleged to have been staying in matrimonial home at the time of occurrence; her case is distinguishable from the case of other co-accused; she has no criminal history; quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Pooja involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.2.2018 A. Mandhani